Nursing Home Abuse
Nursing Home
Abuse
Achieving the Best Possible Outcome for You and Your Family
When we place our elderly loved ones into a nursing home, we would like to believe they are getting the best care possible. However, elderly abuse is more common than most of us would like to believe. In fact, there are about a quarter of a million nursing home related cases of elderly abuse that occur annually in the United States alone.
If you believe a loved one is a victim of elder abuse in the state of Pennsylvania, Luschas, Naparsteck & Crane, LLP can help. We know how sensitive an issue this can be, and we use our years of experience to get the best possible outcome for you and your family.
What are
Common
Types of Nursing Home Abuse?
Pennsylvania and Federal regulations set forth certain requirements for nursing home facilities. Under these regulations, residents must be treated with care and respect.
It’s likely that family members have also signed a contract with the facility that forces them to perform several duties and provide a certain level of care.
Failure to act in accordance with state and Federal regulations and any activities that would be considered a breach in contract can be categorized as elderly abuse. Common types of abuse include the following.
- Financial exploitation
- Sexual abuse
- Gross neglect
- Physical abuse
- Psychological abuse
- Resident to resident abuse
Signs of nursing home neglect
Significant weight loss
Recurring infections
Falls
Over medication
Poor hygiene
Bruising
Dehydration
Unexplained injuries
Who is
Liable
for Elder
Abuse
If an elderly resident is found to be a victim of abuse, the facility may be responsible for damages under the corporate negligence theory. Even if an employee was guilty of abusing the patient, the corporation will owe damages as long as the acts occurred within the scope of employment, and it is proven that the facility was aware of the abuse. Evidence would also have to be provided to show that there was a pattern of behavior that the facility should have been aware of.
Medical records will also come into play in proving there was a breach in the duty of care. It can be difficult to prove health issues were caused by abuse and were not due to other illnesses or natural aging. Often, expert witnesses will need to be brought in to testify as to the cause of injuries.
What Type of
Damages
Can I Claim
in an Elder
Abuse
Case
The damages you can claim in an elder abuse case vary from the damages you can claim in other types of personal injury cases.
When an elderly person is a victim, it’s likely they do not have much income and their life expectancy is not long. However, showing that negligence led to injury and loss of dignity in the final stages of a person’s life can lead to substantial damages.
You may receive compensation for injuries as well as punitive damages for willful or wanton behavior as well as reckless indifference. Punitive damages are meant to punish the person responsible for abuse in the hopes that he or she will not repeat their actions in the future.
What Should I do if I
Expect
my Loved One is a Victim of
Elder Abuse?
If you suspect a loved one or anyone else you know is a victim of elder abuse, do not hesitate to call the Pennsylvania Elder Abuse Hotline at 800-490-8585. You can call 24 hours a day seven days a week and the call is free.
For further legal action to be taken, call us for a free evaluation of your case. We’ll see to it that your loved one is protected and gets the compensation they deserve.